Seau family opts out of concussion settlement

Posted by Mike Florio on September 3, 2014, 2:51 PM EDT

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The concussion settlement will end the ongoing talk about head-injury litigation and the NFL. Unless it doesn’t.

Legally, all players have the right to “opt out” of the class-action resolution of the claims that started as a 4,500-plus lawsuit and became a collection of all NFL retirees. According to ESPN.com, the family of the late Junior Seau has decided not to accept the terms of the settlement, and to proceed with a wrongful-death lawsuit against the league.

Seau committed suicide in 2012 after a 20-year career that included time with the Chargers, Dolphins, and Patriots.

“The family want to know why this settlement seems designed for expediency for the NFL and to ensure that information doesn’t come out,” lawyer Steven Strauss told ESPN.com. “And the Seau family wants the truth to come out. Since this litigation started, there hasn’t been one document produced, there hasn’t been one deposition taken. It seems very clearly designed to nip this in the bud and not have the truth come out, and that’s not acceptable to the Seau family, and it’s not acceptable to Junior’s legacy.”

As a result, Seau’s family will forfeit up to $4 million in potential benefits and chase not only a larger settlement or judgment, but also the truth.

Potentially blocking the search for the truth will be the first hurdle installed by the league in the path of those pursuing justice — the argument that the labor deal prevents players from going to court and requires them to pursue relief under the Collective Bargaining Agreement exclusively. The parties negotiated the settlement as Judge Anita Brody was preparing to issue a ruling on that key threshold question.

Seau entered the NFL at a time when the CBA didn’t exist, due to the decertification of the NFLPA following the failed 1987 strike. For any concussions he sustained from 1990 through 1992, he wasn’t covered by a CBA.

The league nevertheless will try to exclude from the litigation any concussions suffered by Seau as of 1993, when the CBA returned. That date becomes important because the controversial Mild Traumatic Brain Injury Committee formed in 1994. The MTBI Committee allegedly concealed the risks of harm and discredited the research of others for nearly a generation — during which Seau continuously played pro football.

So it could be that, in the same year Seau inevitably enters the Pro Football Hall of Fame, his family’s lawsuit will gather momentum toward an outcome that will cost the NFL a lot more than $4 million, and that will expose plenty of evidence that otherwise will never be revealed publicly.

The smartest play for the NFL could be to privately attempt to persuade the Seau family to take a lot more than $4 million to settle the case. At a certain point, the number could become so large that it would be impossible to say no.

I would like to see a study of the % of ex NFL players who commit suicide v society as a whole or another industry, like fund managers. Sad truth is people commit suicide, is the ex NFL player rate that much higher than others?

Here is what I know… It doesn’t matter what the “documents” say. Seau and all the other players would have continued to play so they could keep cashing checks.

Everyone knows the risks today and yet I dont see anyone retiring. This lawsuit is complete a BS money grab.

Under the same logic, I’m going to sue my employer because my job causes stress, and they never revealed to me the consequences of stress to my physical and mental health even though they had data available to them that showed them how dangerous stress can be. I now demand $4,000,000

Sue the pants off of the NFL, who for well over a decade fought tooth and nail to avoid acknowledging the dirty reality of their league…repeated CONCUSSIONS are life killers.

I applaud the Seau family for choosing to reveal the truth about the NFL, and for choosing NOT to be bought off by the NFL who has attempted to silence players with minimal payments amounting to chicken scraps, compared to the billions the NFL makes annually.

NFL needs to stop exploiting people for profit. What good is it to make millions when you’re not around to spend it, or your days after football are a daily nightmare 24/7?

puntonfirstdown says:Sep 3, 2014 3:17 PM

Fast forward 10 years: “The descendants of former NFL star Junior Seau are all suing each other over the settlement they received.”

purpleguy says:Sep 3, 2014 3:20 PM

There are legal theories out there called assumption of the risk and contributory fault, not to mention laws limiting claims like this where worker’s compensation insurance is available. No matter what the NFL did or didn’t do, no NFL player can realistically state that they didn’t know playing the game could result in serious, long-lasting physical injury. That’s why the plaintiff’s settled, and that’s why players aren’t entitled to every last penny they think they are. This society is always looking for someone to blame and someone to pay rather than looking in the dang mirror.

TheDPR says:Sep 3, 2014 3:21 PM

Why should his family be bound by the CBA? They didn’t sign it or join the league. They lost a father and husband.

ibeatmywife says:
Sep 3, 2014 2:54 PM
no one seems to care about a guy dying over negligence of the NFL. nope, everyone is still crying about a guy retaliating to getting punched and spit on by a female.

time to grow some balls, people. human life is worth more than feminism

It really bothers me that these ex-football players and their families claim no responsibility or knowledge of risk to their health from playing football. The term “punch drunk” has been around for decade upon decade. It refers to the after effects from continually being struck in the head. As someone with severe spinal disability from genetics and partaking in contact sports, I knew the risks and haven’t tried to find someone to sue and or blame for my choices in life. As I’ve always said “you don’t go to war and not get wounded” or in this case, play at “war like” or contact sports and not get hurt. Sometimes for the rest of your life.

abninf says:Sep 3, 2014 7:11 PM

Following the 1979 season, Roger Staubach retired, fearing the after-effects of recurring concussions.

Seau made tens of millions of dollars by playing football. He knew the risks of getting hurt. Why does his family deserve more tens of millions of dollars?
Soldiers get traumatic Brain Injuries more often than football players. What do they get? $1400 a month!

So at most, NFL players play a total of 8 years of football between high school and college. Not to mention the years of PeeWee and Pop Warner, and they choose to sue the NFL. I just dont get it the NCAA has money why are they not being sued

American Football had always been a violent sport. Should the players be compensated for their injuries? Sure, but they all knew the inherent risk of playing such a brutal game. Besides, who’s to say the the head trauma didn’t start in pop warner or high school football? Are u going to sue them too? The NFL had a responsibility to all of its current, future and past players. The billionaires who run this game and are getting richer by the day can afford to take care of each and every player. It’s called the cost of doing business. But this doesn’t mean that the players affected will be in for a big pay day. You knew what you were getting yourself into when you decided to take the field. Paying your medical bills is more than enough compensation.

The Seau family is honoring Junior Seau, by not opting for the” easy” money. Junior wanted for the world to know about what concussion’ s were doing to players.
The Seau family is helping Mr Seau to inform us all, as we were his wishes.

FinFan68 says:Sep 3, 2014 9:53 PM

The family is making a huge mistake. They say they want “the truth to come out” and probably have not thought about that process. Follow the logic trail to a trial. The NFL will almost certainly have to provide an alternate theory as to why he killed himself. Does the family really want the scrutiny that comes with questions like “Couldn’t he have been depressed about his relationships with you?” When he tried to drive his car off the cliff, what did you do?” Couldn’t you have done more to help him since you were the closest to him?” While they are distasteful questions, the lawyers would do so in order to help the league. If they lose a wrongful death suit (due to reasonable doubt, lack of certifiable proof) and chose to opt out of the concussion settlement, they would get nothing, right?

elclavero says:Sep 3, 2014 10:39 PM

Honestly, there’s a lot of dangerous jobs out there.football has its risks…there is tremendous salary to take those risks..there’s many dangerous jobs that don’t come close to paying league minimum wages…you have to make the choice to accept the risks…seaue could have retired after five years, but he made choice to pay longer…Jim Brown retired early

defscottyb says:Sep 3, 2014 11:08 PM

RiP Junior

defscottyb says:Sep 3, 2014 11:13 PM

I hope they lose that wrongful death suit. Don’t cave and settle NFL because it’s not their fault. Big money grab by his broke family. Go get jobs.

Of course the players knew there were risks, that goes without saying. However, the NFL had substantial scientific information on the long term effects of concussions. They had an obligation to not only share that information with the players, but to work aggressively to minimize those risks via equipment and procedural changes. Instead of doing so, they denied that conclusive data existed and failed to try to implement changes that could at least minimize the risk. And, they were wrong for doing so.

Do I think most, if not all, of the players would have remained in the NFL and collected their large salaries? Yes, I do.

But, the NFL denied them an opportunity to make an informed decision based on the latest scientific information. If that happened in any other industry, the company would have opened itself up to lawsuits. This is no different.

ashevillebucs says:
Sep 4, 2014 1:31 AM
Of course the players knew there were risks, that goes without saying. However, the NFL had substantial scientific information on the long term effects of concussions. They had an obligation to not only share that information with the players, but to work aggressively to minimize those risks via equipment and procedural changes.
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The NFLPA knew everything the league knew because they were involved in the discussions and received the same reports the league did. I would argue that in and of itself is notifying the players. Also, the union has complained about/tried to block almost every single safety related change that doesn’t include less work for more pay. They even complained about leg pads because they wouldn’t look cool or be as fast as they thought they were. Please. It is ridiculous that the NFLPA has not been involved in any of these suits until very recently.